Agency Terms and Conditions

BY CONSENTING TO THIS USER AGREEMENT, YOU AGREE TO ARBITRATE ANY DISPUTE BETWEEN YOU AND GOLDEN MONEY TRANSFER, INC. RELATED TO THIS AGREEMENT. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION RELATED TO THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE UTILIZING THE GMT SERVICES.

Last updated: January 23rd, 2023

This “Golden Money Transfer Inc User Agreement ” (this “Agreement”) is effective as of January 23rd, 2023 , under which you may use the services provided by this website.

This Agreement is a legally binding agreement between you and GOLDEN MONEY TRANSFER (“GMT”), and shall apply to your use of the service provided through the website or App (the “Service/s”).

This Agreement is also a legally binding agreement between you and Affiliate for the purpose of specifying the terms of use of the website.

In this Agreement,

1. “you” or “your” means any person (“Users”) using the Service;
2. “we” or “us” or “our” means GMT is a licensed money transfer company approved by 32 States in the United States of America.
3. “partner” or “partners” means any third party service providers engaged by GMT for facilitating the provision of the service/s, including but not limited to, Affiliate and any correspondent agents of GMT.
4. Any term otherwise not defined in this Agreement shall have a meaning generally applied to such terms in the particular context wherein they are used.

BY ACCESSING AND / OR USING THE SERVICE OR ANY PORTION THEREOF AND / OR ANY FACILITIES YOU AGREE TO THIS AGREEMENT AND THE ATTACHED PRIVACY POLICY. FURTHER, BY AGREEING TO THIS AGREEMENT YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND GMT BE RESOLVED BY BINDING ARBITRATION IN LIEU OF COURT TRIAL. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACTIVATE OR USE THE SERVICES.

REPRESENTATION

• The service is powered and hosted by GMT. During the registration on the website, you are registering with GMT.
• Your funds are controlled at all times by GMT. The funds for your money transfer will be deducted and processed by GMT.
• The website is being operated by Affiliate who is a marketing agent of this service. Affiliate does NOT at any point of time hold your funds in its account or wallet.
• By using the Service, you consent to becoming a user of GMT and further consent to GMT processing and retaining your personal and financial data to provide the Service to you and to comply with applicable law.

YOUR CONSENT

By accepting this Agreement, you enter into a legal and contractual relationship with GMT and register with GMT via the website in order to send funds to your beneficiary. You, in your capacity as a Sender, hereby appoint your beneficiary as your agent for the purpose of receiving funds in connection with the Service. You consent to abide by this Agreement, Electronic Communications Policy and Privacy Policy of GMT at all times during the use of the Service. GMT will verify your identity before registering you and allowing you to send money. You may contact GMT customer support using the contact details listed below.

By using this service you explicitly provide your consent to us, for:

• Providing the money transfer service to you
• provide information to verify your bank account and other payment instruments.
• Opening and maintaining an account/wallet with GMT or its partners
• Processing and retaining your personal and financial data that we obtained from you
• Accessing any data that you have not given us or as to which you have withdrawn your consent to our use
• Initiating any activity as to which you have not given express consent or as to which you have withdrawn consent, and

You may withdraw that consent by notifying our Customer Service using the contact details listed below and our acceptance of such request. You also consent to our sharing information about you with our partners for purposes of registering you as a user and managing your User Account, and you are responsible for providing accurate and complete information for these purposes.

We may permit you to reverse a payment if you contact us and so request or if your bank or credit union so requests that of GMT or if GMT reverses a payment based on its own dispute resolution or risk policies.

ELIGIBLE USERS

In order to access and use the website and avail of any Service you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law. If you do not qualify, please do not access or use the website or the Service.

PAYMENT

1. You agree to pay us a transaction fee plus the Transaction Amount for every transaction that you place in the website. Additional charges may apply. Payment is due at the time your Transaction is submitted for processing. You agree to reimburse us all fees if you submit a Transaction that results in being charged for non-sufficient fund fees, chargeback fees, or other similar fees.
2. In case you choose ACH as your preferred mode of payment, you agree to enter your bank account-related information (e.g. internet banking credentials and MFA responses) in order to enable GMT and its partners to verify the ownership of such bank accounts. Such verification will be completed by GMT using the services of its partners/ vendors.
3. By making any transaction on the website, you authorize GMT and its partners to debit the amount (including transaction fees and any other applicable fees) from Your Bank Account in an ACH Pull Transaction or the Deposit Payment in an ACH Push, wire transfer, or debit card payment as per the mode of payment specified by you.
4. In order for us to collect payment from you, you authorize GMT and its partners to access, charge, or debit funds from any of the methods of payment you provide us in connection with your use of the Service. If your payment fails or is insufficient, we may re-try debiting your mode of payment one or more times without your authorization or you may authorize us to try debiting a different method of payment. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account at a later time. You represent and warrant that you are the lawful owner of your method of payment(s).
5. You are solely responsible for any fees or charges that may be imposed by the financial institutions associated with your method of payment.
6. In case if you fail to make payment and your transaction is already delivered to your Beneficiary, we have the right to take all possible actions to recover the payment, to the extent permitted by law. Your failure to fully pay the amounts that you owe us is a material breach of this Agreement and you will be liable for our costs associated with recovery and collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.

PAYOUT AND DELIVERY

• All Payouts of your remittance funds to the beneficiary will be made by GMT through its partners or its Correspondent Agents in the destination country defined by you at the time of the creation of the transaction. You authorize us to make all such Payouts and are solely responsible for any consequence that may come forth upon the credit of the payment by us into the account of the Beneficiary as determined at the time of entering the transaction.
• Your Beneficiary will be required to provide us with a copy of their Identity (Government Issued ID Card) before receiving funds in their bank account. You give us permission to contact your Beneficiary and store all such data, as necessary to provide the Service and to comply with applicable law.
• You represent that the Beneficiary determined by you accepts the agency appointed by you as per the terms of this User Agreement to receive the funds transferred using the service.
• Please verify and make sure that the bank account information of the Beneficiary is correct prior to submit your Transaction because we are not responsible for detecting inaccuracies. If the bank account information and bank details of the Beneficiary are incorrect, the funds may be credited to the wrong bank and may not be recovered. We or our partners shall not be liable for such wrong delivery of funds.

OTHER TERMS

• We shall not be under any duty to assess the prudence or otherwise of any instruction or transaction given or entered into by you.
• We reserve the right to hold and/or reject any transaction requested by you through the website for any reason deemed reasonable to us without any obligation to disclose such reason to you.
• We shall be entitled, in our sole and absolute discretion, to refuse to comply with all or any of your instructions without assigning any reason.
• We shall have the right to, and you hereby authorize us to, verify any information provided by you. As a standard KYC check, we may be required to verify your identity details.
• We represent, and you agree that we may make money while converting your U.S. dollars into the local currency of the destination country where the beneficiary determined by you at the time of the creation of the transaction resides, in addition to the transaction fee.
• You are not entitled to any interest or any other income that may arise on your monies which are held by GMT.
• You agree that you will not share your login information, password, or PIN with anyone else. You understand and agree to take all necessary steps to protect your User Account information. We will never ask for your password or PIN number. You are solely responsible for all acts and omissions made using your login information, password or PIN. You agree that we carry no liability for losses or problems that may arise due to your sharing this private information with other people, businesses, or entities.

DELETION OF ACCOUNT

• You may request the Affiliate to delete your account with us.You can do so by contacting the Affiliate.
• Upon receiving your request, we will process the request. This will generally take five (5) business days. Once your account is deleted, all your information pertaining to your identification, your transactions, etc will also be deleted. We will contact you once your account is deleted.
• Once we complete your request, we will not be able to supply any of your information, including but not limited to, information regarding your KYC, transactions initiated by you, transaction receipts, etc. even upon your request. Hence, please ensure that you have obtained the necessary backup of all such information before you place a request.
• Irrespective of yourr equest,in order to adhere to Federal and State regulations regarding record keeping, we will continue to maintain all information pertaining to your account in our archive; the utilization of which shall be governed by our privacy policy. Further, in order to avoid any issues in the transactions you have created in the platform, your account will be transferred to archive after 180 days from the date of the last transaction initiated by you if the payment method for the last transaction initiated by you was an ACH and 90 days in case the payment method for the last transaction was a Debit Card.
• Despite your account being deleted,we may contact you for redressal and/or recovery in case we encounter any issue with any transaction created by you in the platform.

ACCEPTABLE USE POLICY

• You may not use the Services to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of the Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at info@gmtnorthamerica.com. By using GMT’s services, you confirm that you will not use them to do any of the following:
• Prohibited Jurisdictions: Activity which would enable access to the Services from any Prohibited Jurisdiction as set in the sanctions programs administered in the countries where GMT conducts business, including the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”)
• Unlawful Activity: Activity which would violate, or assist in the violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where GMT conducts business, including the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information;
• Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as rights of privacy, publicity, and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information through the Services about others, including email addresses, without proper consent;
• Fraud: Activity which operates to defraud GMT, GMT ́s users, or any other person; provide any false, inaccurate, or misleading information to GMT;
• Gambling:(as defined in Unlawful Internet Gambling Enforcement Act [or ‘UIGEA’]), Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; Internet gaming; contests; sweepstakes; games of chance; and any activities related to casino services, and other online or physical gambling services.
• Intellectual Property Infringement: Engage in transactions or post, upload, publish, submit or transmit any User Content involving items that infringe or violate any copyright, trademark, trade secret, moral rights, right of publicity or privacy, or any other proprietary right under the law, including sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of GMT intellectual property, name, or logo, including any Mark, without written consent from GMT, or in a manner that otherwise harms GMT or the GMT brand; any action that implies an untrue endorsement by or affiliation with GMT;
• Cartels or crime syndicates;
• Encouraging or Enabling Others to Commit any Prohibited Use: Activity that may encourage or enable any other individual to do any of the foregoing.
• Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen;
• Counterfeit or Unauthorized Goods: Unauthorized sale or resale of a brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen;
• Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age- restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basi
• Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs;
• Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body;
• Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug;
• Adult Content and Services: Pornography and other obscene materials (including literature, imagery, and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per-view, and adult live chat features;
• Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs;
• Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers; and
• High-risk businesses: any businesses that we believe pose elevated financial risk, legal liability, or violate card network or bank policies (to the extent applicable).

ERROR RESOLUTION

• In case of errors or questions about your transactions, you may contact Affiliate or GMT using the contact details listed below.
• If you still have an unresolved complaint regarding the company’s money transmission activity, please direct your complaint to the state-specific Licensing Division. The details of the State specific licensing division are given in the licensing section.
• In case of errors or questions about the website and service information, call the Affiliate at the contact details provided by the Affiliate.

SYSTEM MAINTENANCE

The service may be temporarily unavailable from time to time during system maintenance and updates. We shall make our best effort to notify you in advance by publishing a notice on the website or by the information you via e-mail. You agree to relieve us from any liability or losses that may be associated with such maintenance or updates.

DISCLAIMERS

SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. USE OF THE SERVICES IS AT YOUR OWN RISK. WE AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE PROCESSING, COMPLETION, OR SETTLEMENT OF TRANSACTIONS. THIS DISCLAIMER OF THE WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. FUNDS ASSOCIATED WITH USER ACCOUNTS USING THIS SERVICE ARE HELD WITH GMT ONCE TRANSFERRED TO GMT.

FORCE MAJEURE

You understand and agree we will not be held responsible for losses or damages resulting from suspension of service due to extraordinary events or circumstances beyond our control. In the event of a force majeure event, we may suspend access to the service.

ASSIGNMENT, AMENDMENTS AND WAIVERS

• You may not transfer or assign any rights or obligations you have under this Agreement. We reserve the right to transfer or assign any rights or obligations under this Agreement at any time without your consent.
• We may amend this Agreement at any time by posting a revised version on the website. All amendments will be effective immediately after they are posted on the website.
• No provision of this Agreement shall be deemed waived by us, unless such waiver is in writing and signed by us. Our failure to enforce at any time any of the provisions of the Agreement, or the failure to require at any time performance by us of any of the provisions of the Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of a party to enforce each and every such provision thereafter.

INDEMNIFICATION

• You shall indemnify, defend, and hold GMT, its partners and Affiliate harmless from and against any and all claims, damages, liabilities, costs and expenses (referred to collectively herein as “Indemnity Claim(s)”), including reasonable attorneys’ fees, arising out of your failure to perform, or cause to be performed, your obligations under this Agreement.
• Indemnification privileges shall survive the termination of this agreement.

LIMITATION OF LIABILITY

Neither party will be liable for:

• any loss or damage due to causes beyond its control, including but not limited to earthquake, war, fire, flood, terrorism, power failure, acts of God or other catastrophes.
• any special, consequential, indirect or similar damages under or in connection with this Agreement including but not limited to loss of profits even if a party has been advised of the possibility of such damages.
• GMT shall not be liable for your funds once transferred by GMT pursuant to your instructions, as all such funds are then held and controlled exclusively by GMT.
• Affiliate shall not be liable at any point of time for your funds since all the funds are held and controlled exclusively by GMT.
• Our and our Partner’s liability towards you related to your use of the Service, at any point of time, shall not exceed the amount of transaction initiated by you using the Service.

DISPUTE RESOLUTION

• Affiliate shall not be party to any dispute arising as a consequence of the provision and availing of this service as per the terms of this User Agreement.
• The applicable law and jurisdiction for arbitration shall be as stated in the Terms and Conditions of GMT, attached.

GOVERNING LAW AND ARBITRATION

• This User Agreement is formed under and shall be interpreted in accordance with the laws of the State of California.
• This User Agreement is governed by all applicable state and federal laws and regulations, except to the extent that this Agreement can and does vary from such laws. If any of the terms of this User Agreement cannot be legally enforced, they will be considered modified to the extent necessary to comply with applicable law. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity or enforceability of the rest of this User Agreement.
• If a dispute arises between you and GMT, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we will provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and GMT regarding the Service may be reported to GMT Customer Service by telephone at 1-888-702-5656; by fax at 619-702-7378; or by mail at Golden Money Transfer, Inc., Attn: Customer Service, 739 4th Avenue, Suite 204, San Diego, CA 92101, USA.
• Customers agree that any and all claims, disputes or controversies that arise out of or are based on the Service, or User Agreement, or involving claims of fraud or misrepresentation, or otherwise, will be resolved by binding arbitration by the American Arbitration Association. This agreement to arbitrate will apply no matter by whom or against whom the claim is made. Any arbitration hearing, if one is held, will take place in San Diego, California. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. You agree to submit to the personal jurisdiction of the courts located within San Diego County, California for the purpose of litigating all such claims or disputes. This arbitration agreement will survive the termination of this User Agreement and the surrender, termination or discontinuance of the Service.
• To the extent permitted by law, Customer agrees not to bring, join or participate in any class action with regard to any claim, dispute or controversy Customer may have against GMT, its employees, officers, directors or agents.
• If a party chooses arbitration, that party will initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The chosen provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• All claims you bring against GMT must be resolved in accordance with the Indemnification and Limitation of Liability sections of this User Agreement. GMT may recover attorneys’ fees and costs up to $1,000 USD.

REFUND AND CANCELLATION OF REMITTANCE PAYMENT

• All refunds of your monies shall be made by GMT as per its Terms and Conditions.
• You may cancel your Transaction for a full refund within 30 minutes of creating your Transaction unless the funds have already been paid out to the Beneficiary. After 30 minutes, we generally do not provide refunds unless we did not process your Transaction according to your instructions or we are unable to pay out the Transaction. To request a refund, please contact Customer Service at the details provided below.
• We will make every effort not to debit your Mode of payment after we have received your request for cancellation. However, in some cases, we may have initiated an irreversible request for funds from your financial institution prior to receiving your request for cancellation. In such cases, your Mode of payment may be debited even if you have cancelled your Transaction but we will refund your money usually within fourteen (14) business days, after we have received the funds from your financial institution. This shall apply only if your transaction has not been delivered to your Beneficiary.
• Refunds will be credited to the same Mode of payment used to pay for the Transaction. Refunds are only made in U.S. Dollars. Refund amounts will not be adjusted to account for changes in the value of the U.S. Dollar or foreign currency from the time your Transaction was submitted.
• The amount of funds that is returned to you shall be the amount after deducting any service charges and other expenses incurred while refunding the funds.
• If we determine to refund remittance payment funds to you, these funds may be returned to you at the exchange rates established by us on the date of return. We shall not be liable to you for any loss that occurred due to the cancellation or refund of a remittance payment.

STATE SPECIFIC INFORMATION

Golden Money Transfer, Inc is a licensed money transmitter in various states and territories of the United States of America. If you are a resident of certain states, you may have additional rights under such state laws. Please see applicable state legal information along with state regulators in the licensing section. (Please add a Link to GMT licenses)

TERMINATION AND SURVIVAL

• This agreement shall be effective from the date you agree to it (by electronically indicating acceptance) and shall be applicable so long you use the service.
• Discontinuance of the use of this service shall not deem termination of this agreement. You may terminate this agreement by contacting us using the contact details listed below. We reserve the right to terminate the agreement without giving any prior notice to you.
• We may restrict your access to the Service, for any reason, including:
  • your violation of this Agreement,
  • your violation of the terms of services of any of the partners,
  • User Account inactivity or
  • our assessment that you pose an unacceptable risk to our network, based on our confidential risk and security criteria.
• Termination of your account or termination of this agreement does not relieve you of your liability for any losses incurred by us owing to your conduct during the operation of your user account.

NOTICES

• We may give notice to you by e-mail, letter, telephone or any other means as deemed fit to the e-mail address/address/telephone number registered in our system. Notices under the User Agreement may be given by you in writing by delivering them by hand or by sending them by post to the address mentioned on the website. We may, but shall not be bound to, act upon notices and instructions given by you via e-mail, letter, telephone, or any other means as we may deem fit.
• In addition, we may (but shall not be bound to) also publish notices of general nature, which are applicable to all Visitors, Users or Customers in a newspaper or on its website. Such notices will have the same effect as a notice served individually to each Visitor, User or Customer (including you).
• Documents that may be sent by electronic communication between you and us may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website. We shall be deemed to have duly communicated and delivered any communication or document to you if such communication or document is sent via electronic mail (e-mail) to the registered e-mail address. We shall also be entitled to act on the basis of any instructions received or purported to be received by us from you by e-mail or other electronic means or via the internet. We shall also be entitled (but not bound) to act upon fax instructions and communications.

Contact Us:

Golden Money Transfer
739 Fourth Ave #204, San Diego, CA 92101
Tel: 1-888-702-5656
Email: info@gmtnorthamerica.com

Affiliate Contact details:
Jupay (Juni Holdings, Inc.)
Phone: 1-619-452-1673
Email: info@jupay.co
Attn: Manager, Customer service

To resolve an error or file a complaint, please contact Jupay Customer Service before contacting the state licensing division as indicated on the list below with a complaint.